The IPKat
NOVEMBER 22, 2022
Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse? This would not be the case if the work were in the public domain or if it could be considered an orphan work owned by a museum or a library.
43(B)log
AUGUST 22, 2022
The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.
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SpicyIP
DECEMBER 6, 2023
Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 13(1) of being ‘original artistic work’. 57 of the Act.
Biswajit Sarkar Copyright Blog
DECEMBER 24, 2022
The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique.
LexBlog IP
FEBRUARY 26, 2024
For the design to be distinctive in the view of the public it may be necessary that the product is advertised, and this clashes with seasonal trends and the breadth of collections which fashion houses present during various fashion weeks. Fashion show: a work of art? Was it a tribute to Alexander McQueen or copyright infringement?
43(B)log
DECEMBER 1, 2022
Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.
IP Whiteboard
AUGUST 30, 2020
In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.
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